October 27, 2004

Regular Meeting

7:30 p.m.

 

            The Board of Directors of the San Benito County Water District convened in regular session on Wednesday, October 27, 2004, at 7:30 p.m. at the San Benito County Water District offices, 30 Mansfield Road, Hollister, CA.  Members of the board present were President Ken Perry, Vice President John Tobias and Directors Keck and De La Cruz.  Director Swanson was absent.  Also present were District Manager, John S. Gregg, Deputy District Engineer Jeff Cattaneo, District Counsel David E. Pipal and Administrative Services Officer, Maria E. Alfaro.

 

CALL TO ORDER

 

            The meeting was called to order at 7:30 p.m. by President Perry.

 

a.                  Pledge of Allegiance to the Flag.

 

President Perry lead the Pledge of Allegiance to the Flag.

 

b.                  Approval of the Agenda.

 

Upon a motion duly made and seconded, the Agenda was approved.

 

c.                   Public Input: Members of the Public are invited to Speak on any Matter not on the Agenda.

 

There was no public input.

 

CONSENT AGENDA

 

1.         Approval of Minutes:  September 29, 2004 –Regular Meeting

2.         Allowance of Claims

3.         Quarterly Investment Report – Period ending September 30, 2004

 

            Upon a motion duly made and seconded the Consent agenda was unanimously approved.

 

REGULAR AGENDA

 

4.          Consideration of letter to County of San Benito Board of Supervisors Accepting Certain Responsibilities of the Groundwater and Aquifer Protections Ordinance and the Well Standards Ordinance

 

District Manager/Engineer John S. Gregg noted that the board had a proposed letter regarding the County delegating to the water district certain responsibilities in the County Groundwater and Aquifer Protections Ordinance, Chapter 7C of the County Code and the Well Standards Ordinance, Chapter 17C of the County Code.  Mr. Gregg noted that the Well Standards Ordinance is being amended for the San Benito County Water District will be the designated enforcement agency and implementing agency that would take the form of the water district being identified as the designated as the implementing and enforcing agency.  The board of directors would have certain responsibilities and oversight and an administrator would be designated, the District Engineer to deal with the day-to-day administration.  The impact of that delegation to the district is minor in terms of effort, some change in the technical skills that the district needs to devote to wells where groundwater is accessed, and we have a significant duplication of efforts.  There are provisions for fees for the permits, there will be little or not impact on the District.  It may require additional resources but there is also additional revenue.

 

The Groundwater Protections Ordinance is an exercise in the County’s police powers with respect to exporting water from the County to the extent that it is groundwater or exporting water from one property to another property and ensuring the prohibition of exporting water outside it would also require that certain tests have to be met and permitting procedures. 

 

This matter is before the board due to the efforts of Directors Perry and Tobias working with the County Intergovernmental Committee to address some long outstanding issues on how to better address and better manage water and wastewater the issues such as the Wright Road and the City of Hollister wastewater. 

 

Currently, work is on the way by the through our water resource special counsel and the County Counsel to amend the two county ordinances to provide more delegation and/or structure and procedures.  The letter simply indicates the willingness of the District to accept those responsibilities.

 

President Perry asked if this included additional industrial development.  District Manager/Engineer John S. Gregg noted that the area, which the County can exercise, their police power is in the unincorporated area of the County and would not include wells in the City of Hollister.  It includes permitting public water system wells to include public agencies, such as Aromas or Tres Pinos and Sunnyslope.

 

Director Tobias asked if this Ordinance would set standards for domestic wells.  District Manager/Engineer John S. Gregg responded that those standards are in other parts of the County Code.

 

Director Tobias asked if the District was at risk.  District Manager/Engineer John S. Gregg noted that there was always that risk.  Mr. Gregg noted that the current County Code regarding well standards and flow requirements is reasonable.

 

Director De La Cruz asked what pushed this item to the floor.    Director Perry responded that the District always felt the water district should have control over anything that has to do with water.

 

Director De La Cruz noted that this puts the District in a growth and planning business.  District Manager/Engineer John S. Gregg noted that the need for a well or wells, the consideration of approval of development or the consideration of land zoning.  The actual permitting of the well, would be handled by this District.  The approval of a minor subdivision with a well as a source of supply would be handled by the County.

 

Director Tobias asked if the District would comment on the water supply.  Mr. Gregg responded yes.

 

Director Keck asked if we would be controlling development by issuing or refusing to issue permits on that basis.

 

District Manager/Engineer John S. Gregg the basis for granting or denying permits must be a factual basis with respect to impact on the aquifer and groundwater supplies.

 

Director De La Cruz asked if this agreement was forever.  Mr. Gregg noted that the County could take it back and Director Keck asked if the District could give it back.  Mr. Gregg’s response was yes.

 

President Perry asked if an applicant wants to put in a well, does the District have any say in where.  Mr. Gregg noted that the only requirements of the ordinance have to do with groundwater levels of the aquifer.  There are certain requirements for technical studies to support the landowner.

 

Upon a motion duly made and seconded the board authorized the President signing the letter to the County of San Benito.

 

5.          Report on Treated Water Systems

 

            District Manager/Engineer John S. Gregg reported to the board that not substantive movement on the San Juan Infrastructure.

 

6.          Report on Wastewater Treatment and Disposal

 

            District Manager/Engineer John S. Gregg noted to the board the representatives of the Hollister City Council, the County of San Benito and the San Benito County Water District have been meeting to address wastewater treatment and disposal.  A Statement of Intent has been agreed to.  The Statement of Intent sets forth criteria and requirements that would seek that such project, as the Wright Road area not occur again and would require agreement by the County of San Benito, the City of Hollister and the San Benito County Water District for the site of a wastewater disposal site.

 

            President Perry asked the members of the public if they had any questions. 

 

            A member of the public noted that it was very difficult to get any type of information from the City.  The City would not respond or provide any information.

 

            President Perry noted that they should not let it go buy.  Mr. Perry noted that the Memorandum of Understanding was a big step that all three parties have signed.

 

7.         Committee Reports:

 

a.                  Investment Committee (Tobias/Keck)

 

Director Tobias noted that the Investment Committee had met and that the investments were on the similar track using LAIF for the bulk of the reserve money.  Director Tobias noted that the Committee would be looking for outside review after the first of the year. 

 

Director Keck noted the Ms. Natalie Sullivan noted that we had particular low interest account, she contacted the people and got it consolidated into one account and congratulated her for her effort.

 

b.                  Audit & Budget Committee (Swanson/DeLaCruz)

 

District Manager/Engineer John S. Gregg noted to the board that the District is working on presenting the Board and the community an Annual Financial Statement and Report of the District.  The report would have a letter of transmittal, descriptive information with respect to the District and what it has accomplished also typical information with respect what dollars we have, where they went, it will include a management discussion and analysis.  We are working with the Auditor in terms of ensuring of fulfilling requirements.  The Audit and Budget Committee will be meeting with staff and the Auditor.  If the Audit and Budget Committee is satisfied, that report would be made available to the full board at it’s November meeting.

 

8.         District Manager/Engineer’s Report:

 

            District Manager/Engineer  John S. Gregg  noted that he had no report.

 

There being no further business, the meeting was adjourned at 7:53 p.m.

 

 

 

                                                                       

Kenneth A. Perry

President

 

 

                                                                       

Maria E. Alfaro

Administrative Services Officer